SHARWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the accused-petitioner, who is in judicial custody in connection with First Information Report (FIR) No. 515/2019, Police Station Suratgarh, District Sriganganagar, registered for the offence punishable under Sec. 8/29 of the NDPS Act.

(2.) Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the accused-petitioner stated that the contraband in question (i.e., Tramadol Hydrochloride tablets) were recovered from Ramzan and Bheem; that on the basis of statement of Ramzan and Bheem, the present accused-petitioner was implicated in the present case; that as per conclusion drawn in the charge-sheet, although mobile numbers of the accused-petitioner and the co-accused were mentioned in the charge-sheet but no call detail report was procured/obtained by the Investigating Officer during the course of investigation; that even no Certificate under Sec. 65-B of the Evidence Act was obtained by the Investigating Officer; that except statements of the co-accused persons, there is no evidence against the present accused-petitioner which could connect the petitioner with the alleged crime; that as per page number 32 of the charge-sheet, parcel mentioned at serial number 13 sent by the Ramdeen Auto Parts was received by Ramzan; that similarly, the second parcel sent by the same Ramdeen Auto Parts was received by Bheem (thumb impression was present); that as per the statement of Mohamed Asfaq, both the Bilties by which, the parcels were received by Ramzan and Bheem were presented before the Police Officials and the same were included in the FIR No. 515/2019; that apart from the statements of the Ramzan and Bheem, there was no evidence; that the charge-sheet has been filed; and that further trial will take time, therefore, benefit of bail may kindly be granted to the accused-petitioner.